Parental Rights
by Hisgirlforevermore
Summary: Elliot and Olivia try to help a rape victim take her rapist from claiming his parental rights over the child he fathered.


Parents

Part 1  
December 11, 2002

It was two weeks until Christmas and Nancy Coler couldn't wait. Her boyfriend Keith had promised her they would do something special for the holidays. He had hinted she would need something fancy to dress up in, so she had been putting in all the overtime she could at the Student Health Services office. She had pulled really easy courses this semester and wasn't worried about studying for finals. Every time somebody begged her to take their shift was just money in the bank. Not a lot but a couple more extra shifts and she could buy that little red dress her friend Daisy had put on lay-a-way using her employee discount card at Saks. Wouldn't Keith's eyes just pop out then.

She heard the sound of the outside doors open and then close. The swinging inner doors moved slightly with the breeze from the outside. Nancy waited for a minute and nobody came through the doors. It might be one of those homeless people looking for shelter from the cold. University policy stated they should be moved on as soon as possible. But she wanted to check first before calling Security. They would be much happier if they didn't have to go out into the cold. And she wanted to keep them happy so they would give her a ride back to the dorm in weather like this.

She came out from behind the counter and pushed the inner doors out to the hallway. Sure enough, there was someone huddled by the half of the door that was permanently locked.

"You can't stay here to get warm. The building is only for students and school personnel. You are going to have to leave or I'll call Security to remove you."

Even to her ears, that threat sounded hollow. But the person didn't leave. In fact they seemed to shrink back into the corner even more. Nancy moved closer. And then she was staring into the eyes of a girl her age. She looked so frightened and her face showed the tracks of tears.

"Please, help me." The girl's voice cracked like the words were almost too much effort. "He raped me. Please don't let him touch me again."

Nancy's mouth opened in shock at the words, but then all the lectures on procedures for Student Health employees kicked in.

"It's okay now. Come this way with me and I'll get the doctor. Nobody is going to hurt you now." They came through the inner doors and into the waiting room. "Take a seat right here. I'm not going far. I just need to use the phone. I'm right here. Don't worry, I'm not going to leave you."

Nancy grabbed the phone and punched in Doctor Mazer's pager number. She waited to hear it beep and hung the phone up. The girl was still watching her, curled up in the armchair. Procedure said she should call Security now, but she had heard a number of stories about how the administration have swept incidents under the carpets. The phone rang. It was Doctor Mazer checking why she beeped him. She told about the injuried girl and he said he'll be there in about ten minutes.

Then she called her roommate. "Debbi, do you still have the card from that policewoman who came to give us that talk on protecting yourself when that guy was running around campus last month? Good. Can you read the phone number? 212-555-0156. Great. Thanks."

Nancy took a deep breath and checked on the girl again. Then she dialed the number.

"Special Victims. Benson here."

"Yes, I'm calling from the Hanford Student Health Services. I need to report that a woman just came in saying she'd been raped."

Part 2  
December 12, 2007

They had put the Christmas decorations up already. It wasn't that he was terribly religious or minded that Christmas overwhelmed every other holiday, Munch thought, but it just seemed they put them up earlier every year. Those silly smiling elves and smirking reindeer were just daring him to pull out his gun and use them for target practice. At least here in the squad room he was safe from those insistent carols that had been playing for weeks now. He was deep in this Grinchy mood when a well dressed woman walked into the room.

"Excuse me" she said, "I'm looking for Detectives Benson and Stabler."

Munch turned to face her. His keen eye immediately pegged her as a lawyer.

"No, they aren't available right now. Perhaps I can be of assistance." The smile he was wearing started to twitch at the corner of his mouth . Munch was really tired of everybody wanting Benson and Stabler like they were the only detectives here. He was still quite capable of handling cases.

"Actually, this is about a case they handled five years ago. Something has come up and I'm afraid I am going to need some help with it."

Munch heard trouble in the tone of her voice. "Let me see if Captain Cragen is available. He may be the person you should talk to."

But the Captain had already heard conversation in the squad room and come out of his office. He walked over to the woman."I'm Captain Cragen. Did I hear you say you need help with a five year old case?"

The woman turned towards Cragen, responding to the authority in his voice. "That's what you heard. I'm Gretchen Fisher, an attorney representing Hannah Jacobs. Your detectives Benson and Stabler handled the investigation of her rape five years ago. Unfortunately at that time, they were unable to catch the rapist."

"When exactly did this rape happened?" Cragen asked with a hint of foreboding.

"December 11, 2002."

Munch swore quietly under his breath, knowing what Cragen would have to tell her.

"You are aware that the Statute of Limitations on rape is five years. Even if he walked in her and confessed, we couldn't arrest him for it now."

"Yes, I know that. And apparently so does he. Because yesterday he went to my client's home and announced he was the father of her child that was the result of that rape. Which he claims was consensual sex. And he's demanding his rights as father of the child."

Cragen hide his shock well. "Ms. Fisher, please come have a seat in my office while I contacted Detectives Benson and Stabler. John, go dig the Hannah Jacobs file out and bring them to my office. We may not be able to put the man in jail now, but I'll be damned if he's going to take that child from his mother."

Part 3

Elliot and Olivia rode up in the elevator at the station.

"I wonder what Cragen needs us for so badly." Olivia said before taking a sip of her coffee. She had forgotten just much she loved the taste of after all the herbal tea she had taken to drinking while on assignment in Oregon. But like the long hair, it didn't survive for that long after the return to New York.

"If you two want to be alone, I can get off at the next floor and take the next trip." Elliot offered with a totally straight face. He had been good naturedly hassling her since she went back to her New York ways. My partner's back, he had announced when she showed up with her new haircut.

"Any time I have something this hot and sweet, I want to make sure everyone knows how much I'm enjoying myself." Olivia realised how much she had missed this bantering with Elliot. They were back in step as partners. Of course it could be that Elliot was home with Kathy and the kids and more relaxed than she had seen him in years.

The elevator stopped at their floor and they got out. They were hanging up their coats when Munch came through the door with an dusty file in his hands.

"Good. You two are back. Cragen wants you in his office immediately. And you'll need this." as he handed the file to Elliot. "For once our bureaucratic inefficiency worked in our favor. They didn't have time to move that from the cold cases to the unsolved storage vault."

Elliot stared at Munch as he returned to his desk and started going through papers. He knew the holidays weren't Munch's favorite time of year but this sounded like more. But it would have to wait until they found out what needed them for.

Elliot went over and knocked on Cragen's closed door before opening it. Olivia was right behind him.

"Captain, you wanted to see us." They notice the woman seated on the sofa , sipping coffee, with a pile of papers next to her.

"Come on in and close the door. This is Gretchen Fisher, an attorney from the Women's Advocacy Group. She is representing Hannah Jacobs, a rape victim whose file I assumed you're holding."

Elliot opened the file and looked at the name. Then he saw the date. "This is her file. But the time to file charges has already past."

"Yes, we know as and does the rapist." Everyone turned to face the attorney. "He waited until now to come back. When he knew he could no longer be prosecuted for the rape. But now he's back claiming his parental rights to the little boy that resulted from that rape. And I just can't say how sick I feel that he could win that fight."

"Hannah told me how hard you worked to solve this case. And how you go her the help she needed to get through it. Especially you, Detective Benson. I want to make it very clear that neither Hannah nor I are making any complaints in how this case was handled."

"Thank you for that Ms. Fisher." Cragen said. "But now would be a good time to fill them in on what happened yesterday."

"Of course. When Hannah found out she was pregnant after the rape, her parents wanted her to have an abortion. They were not in favor of her having the child. But her grandmother supported her decision to both and keep the child. They have been living with her since Hannah found out she was pregnant. Yesterday a man came to the apartment and asked to see Hannah. Mrs. Jacobs wouldn't let him in. But he yelled through the door that he was David's father and that he wanted to see his son. She called 911 and fortunately the officers responding were nearby because he was pounding on the door when they got there. I have a copy of their report here.

"They told him that he didn't have any rights to see the boy without going to court. And that he wasn't to come back to try and see David until the court had determined what was to happen with the child. After he left, the officers told Mrs. Jacobs to give our group a call if she wanted legal help. After she called me, I checked with Manhattan Family Court and he had filed for a hearing on custody of David Jacobs. Hannah was served last night. The hearing is set for Friday."

"I told Ms. Fisher we would do whatever we could to help. You two okay with that?"

Elliot looked at Olivia and nodded.

"What do you need us to do?" she asked.

"I will want both of you to come testify on Monday as to the facts in the case. Your testimony will go a long way to discrediting the claim there was no rape. I believe your file has the DNA reports on the semen found on Hannah. I went to Family Court to get an order for the father's DNA to make sure it matches. It should be ready shortly. If you can pick him up for delivery to the ME's office, you could take his statement for your case file at the same time. Then I can request a copy of that file with Hannah's consent."

"That sounds like a plan. Elliot, Olivia, as soon as the order for DNA comes through, go pay this hump a visit. What is this guy's name anyway?"

"Theodore Richardson. According to his paperwork, he's staying at the Stay With Us Inn Times Square. Room 316. Hold on, that's my phone." She asked the cell phone and was on for less than a minute. "The order for the DNA is waiting to be picked up at Judge Tao's chambers now."

With that Elliot and Olivia went to put their coats back on to go pick up the DNA order and the rapist. There was no banter in the elevator on the way down.

Part 4

With the DNA order in his pocket, Eliot opened the door to the hotel and let Olivia precede him into the lobby. The concierge looked up from his desk and spotted them as cops immediately. Lack of luggage was a big clue.

"How can I help you today?" he said with a quiet voice. "I hope there isn't any trouble. This is a family friendly hotel and we wouldn't want the guests alarmed."

"Your cooperation will be duly noted. I have a court order in my pocket for a Theodore Richardson. I have been told he is a guest here, staying in Room 316." Elliot smiled at the man unconvincingly. "Would you verify that and then check to see if he's in his room."

"Actually, I don't need to. He called down about five minutes again. Said he was expecting a realtor who was going to show him some apartments this afternoon. I'm supposed to call him when she gets here."

"Well, why don't you just call him now and tell him someone's waiting in the lobby for him now."

The concierge picked up the phone and dialed Room 316. Less than five minutes later, a tall man in a tailored suit with an overcoat stepped off the elevator. His smile brightened when he saw Olivia standing alone in the lobby. He went right over to her.

"Actually, Mr. Richardson, I'm Detective Benson from the Special Victims Unit. And I have here a court order to you to come down to the ME's office for a DNA test." Richardson felt the paper in the hand he had held to for Olivia to shake. "My partner and I are here to give you a ride right now. And once that's done, we'd like a word with you ourselves."

On cue, Elliot appeared on the other side of Richardson. "Right this way. We parked just in front. You won't even be outside long enough to need your overcoat."

Elliot carefully got Richardson into the back seat while Olivia started the engine. She checked for traffic, then pulled out and headed for Warner's office.

Richardson turned to Elliot, "You didn't need to do this. I made an appointment yesterday to have my DNA tested. To be able to prove the boy is my son."

"Look at it this way. We saved you the trouble and our doctor already has the semen in her records so she tell if you're a match much faster. Beside we need to chat about what happened today at Mrs. Jacob's apartment. What makes you think her grandson is your son?"

"What difference does it make to the police? The officers told me yesterday that this was a matter for the Family Court."

"The judge in Family Court is the one who ordered this DNA test. But my question to you is related to a police investigation. So if you wouldn't mind answering my question."

"Alright if it'll get your off my back. Five years ago, I had just been put in charge of building my company's new research plant outside of Calcutta."

"India?" Olivia chimed in from the front seat.

"That's right. The company realised the tremendous possibilities of expanding into India where so many of our engineers are from."

"Great. Back to your story." Elliot had to bite the words back. Too many people he knew had lost their jobs, homes and lives because of outsourcing.

"Before I was going to be leaving New York, a friend of mine who was still in graduate school in Hanford invited me to a holiday party he was throwing. I figured it was my last chance at some old fashioned Christmas cheer before I left. So I got in my car and drove over. I met a girl at the party and we hit it off. We talked, we danced, we flirted. After awhile she said she was ready to leave. Since I had my car, I offered her a lift home to the dorm she lived at. Once we got into the car, she started snuggling up. You knew. So I looked for a place and pulled over. We started kissing and fooling around. Then I suggested we'd have more room in the back seat. So back we went. One thing lead to another."

"You're saying you have consensual sex in the back seat of your car in December."

"We kept each plenty warm. Heat wasn't a problem."

"You use a condom?"

Richardson started to look uncomfortable at Olivia's question. He had almost forgotten she was there. But then the macho in him won out. "I offered. But she said it wasn't necessary."

Olivia put on the turn signal and pulled into the parking lot.

"What happened after?"

"We put our clothes back on right. And I drove her home to her dorm. I offered to walk her in, but she got out of the car as soon as I stopped. I guessed she didn't want anyone to see her with a guy. It was pretty obvious what we're been up to."

Olivia unlocked the car doors. "We're here. Time to go see the doctor."

Elliot opened the door on his side and pulled Richardson towards him. "This way."

Warner was waiting for them in the lab. Cragen had called and told her to expect them. The testing kit was laid out on the counter. Olivia motioned to Warner.

"Is there any way you can get this to hurt?"

Warner looked a little shocked at that request but thought about it for a second.

"Can I see the court order please? I'll need to make a copy for my files?"

She read the order as she walked over to the copy machine in her office. She printed one copy and handed the original back to Richardson. As he turned away to put it in his pocket, Warner shook her head at Olivia.

"Open up your mouth. This will only take a second."

She dropped the swabs into an evidence bag.

"All done. I'll put a rush on these and call you as soon as the results are in. There should be no problem having them ready by Monday in time for court."

"Thanks Melinda. We'll be waiting to hear from you."

"Are you taking me back to my hotel now. I was expecting someone."  
"The man at the desk was going to tell her you'd been unavoidably delayed and would call her later. But we can take you back now and finish out chat."

This time Elliot drove and sat in the back seat with Richardson. He didn't seem happy with that prospect. "Now Mr. Richardson, you explained why you think you might be the father of Hannah Jacob's baby. But you haven't told us how you knew there was a baby. Especially if you've been out of the country all this time."

"I got back a couple of days ago. After the jet lag wore off, I look up some old friends, including the guy who threw that party."

"Jim Anderson?"

"That's right. He told me he was almost thrown out of grad school after Hannah told everyone that she was raped after his party. Something about his serving alcohol to minors. He wanted to know if I was the guy who drove her home that night. Because if I was, then I was the father of her kid."

"What did you tell him?"

"That we had sex that night, but there was no rape. Because there wasn't. Then I went to the Alumni Office and found out her address. That's when I went to the apartment to see the child and to find out why she had told she was raped when it wasn't true."

"Well, Mr. Richardson, our problem is that your story doesn't match Ms. Jacobs' story." said Elliot, "And her story is the one that best matches the evidence. So we have to believe her."

"But how I can I prove it after all this time?"

"That's where you were really clever, Mr. Richardson. You waited until the statute of limitations expired before making a claim to that baby. So we can't arrest you for raping Hannah Jacobs. But we will be there to be sure that Family Court gets the whole picture."

Elliot pulled the car in front of the Stay With Us Inn. "Here you go Mr. Richardson. Back at your hotel all safe and sound. We'll see you Monday in court. Have a nice weekend and try to stay out of trouble."

Part 5

Elliot and Olivia found Cragen in his office with Casey Novak.

"How did it go with Richardson?" Cragen asked.

"No problems. We took him down to Warner, she did the test, we took him back to his hotel. The guy admitted he was the one who drove Hannah back to the dorm that night but he says the sex was consensual. He knows we can't arrest him now and that we'll see him in Family Court Monday."

"You were very polite and in no way forced, threatened or harassed him?"

"I was a perfect gentleman. Just ask Olivia. Has he complained?"

"No, but I want to keep it that. Casey was just telling me we that we need tread lightly here. Since we can no longer prosecute him for the rape, we have no grounds to continue the investigation. Our hands are pretty much tied."

Casey spoke up. "Questioning Richardson about the rape five years ago in light of the 911 call from the Jacobs' apartment won't be a problem to explain. But only the once. Anything more is going to look harassment . And that is something that he can bring up at Family Court. He can make it look like Hannah is using this unit to threaten him and that doesn't help her case."

"But we can still testify for her, right?"

"There's no problem with you testifying for her, Olivia. But you need to present yourselves as non-partisan. You are not her advocate now. That goes for you too, Elliot."

Casey kept her stern I-am-in-charge face on. Sometimes it was so hard for her to tell these people, who had so much more experience than her, what they had to do. But it was for everyone's benefit here that they played by the rules. A little boy's future was at stake.

"So what can we do for Hannah Jacobs before the hearing?" Cragen asked.

"As soon as the DNA test matches the semen from the rape kit, get her attorney the results. If they want to get child support from this guy, they'll want to get the little boy tested."

Olivia shook her head. "I don't think she wants anything from this guy, Casey. She had a hard time getting over the rape. I don't think she'd get over losing her son to the man who raped her."

"That's not likely to happen unless there's something you haven't told me that would make the court find she's an unfit mother. But the court is likely to get him visitation unless she can show it is not in the child's best interest."

"Being her rapist doesn't make him unfit to be around a child?" Elliot sounded off.

"Unfortunately, a father's criminal record doesn't terminate his parental rights. Even if his record includes sex crimes. A court granted a convicted sex offender custody of his girlfriend's kids when they declared her an unfit mother. The goal of family court is in award custody based on the best interest of the child. A criminal record is only one of the things they'll take into account. And remember, Richardson wasn't convicted of raping Hannah."

"What kind of judge gives kids to a sex offender?" Now Olivia was mad.

" It wasn't my case so I don't have all the facts. Luckily for the Jacobs, it wasn't in New York. There are no statutes governing child custody, just prior case law. There are guidelines but a judge has a lot of leeway in determining what's best for the child. And being a sex offender doesn't automatically make someone a unfit parent."

"Well, it should. However could anybody think being with a sex offender would be what's best for a child?"

"At least one state considered a law automatically terminating a sex offender's parental rights. But constitutional issues were raised. The right to be a parent is something legislators don't want to touch. Whatever they do, someone will be unhappy with them. And there's a good chance the law will get thrown out.

"And without all the facts, you don't know that judge didn't make the best decision possible for those children. Leaving them with their mother could have been an even worse choice."  
Olivia stared at Casey in astonishment. She couldn't believe her friend was saying that. But she held her anger in check.

"I'm going to go see If Warner has those test results back yet." With that Olivia marched out of Cragen's office, grabbed her coat and left the squad room.

Cragen looked at Elliot. "You going with her?"

"No, I think she needs some time to cool down. You do remember about Olivia's history, don't you?"

Elliot turned to look at Casey. "Because that was uncalled for."

Casey didn't blink under the pressure of Elliot's glare. She knew exactly what she had done. "No, I didn't forget. That was the reason I did it. If Richardson has hired an attorney, and I'm sure he can find one who's interested in this case, what I said was mild compared to what will happen to Olivia on the stand. And if she goes off like that, she'll lose all credibility as a witness.

"She better work through her issues before Monday. Or she won't be the asset Hannah Jacobs is hoping for."

Part 6

Olivia had not cooled down since she left the squad room. She had driven rather aggressively over to the ME's office but had to circle the parking lot several times before she finally found someone about to pull out of a space. She pulled in quickly before the other car down the aisle had a chance to beat her out of the spot. She got out and hiked over to the office tucked away behind the hospital. As usual the hallway was quiet. Most people were so uncomfortable around dead bodies, they unknowingly lowered their voices.

Warner was busy with an autopsy. Olivia waited until the doctor put down the scalpel before announcing her presence.

"Melinda. I was wondering if the DNA test on the guy we brought in today was done yet?"

Warner looked up from trying to remove the liver from the body in front of her. She reached up and switched off the microphone.

"Come on in, Olivia. This guy can wait a little longer." She pulled off her gloves. "The preliminary panel from your DNA should be ready in about ten minutes. And I pulled the panel from the Jacobs file out of the data base. But you didn't have to come down here to get the results. I would have called you."

Then Warner realised Elliot hadn't come in as well. "Your partner's not with you. Is he off in a delivery room in Queens having that new baby of his?"

Olivia shook her head, "No, not yet. But it shouldn't be too long now."

Warner was about to make a comment about every mother-to-be feeling her pregnancy was always too long, but thought better of it. She didn't want to make Olivia feel worse if her distress was due to baby envy.

"Come into my office and we'll have some coffee while we wait."

"Oh, no. I can wait by myself. I don't want to keep you from your work."

"Olivia." Warner said in her soft, profession tone, "You look like you could use a friendly ear and a cup of good coffee. This guy's not going anywhere."

Warner's quiet words had a calming effect on Olivia. Warner finished removing her work gear and lead the way to her private office. She closed the door behind and opened the bottom drawer of her desk. She pulled out a French press coffee maker, a small bag of ground coffee and a measuring cup.

"I need you to measure out four tablespoons of this coffee in to the pot. I'll be right back with the hot water" Warner slipped out to the office coffee station where she always keep hot water ready for those who wanted tea. She measured out twelve ounces of water and slipped back to her office. She took the pot from Olivia , poured in the hot water and put the lid back on the pot.

"This needs to steep for three minutes. So while we're waiting, tell me what's wrong."

"The man we brought in today raped a woman five years ago and she had a child as a result of the rape. He came back and expects to be allowed to be a father to that child. And Casey said he could be considered the best parent for the little boy. And that's so wrong. And she seemed to think it was alright." All the anger was back in Olivia's voice.

"I guess the question I have to ask is whether you're upset because of the little boy or because of you. You identify with that little boy because you're a child of rape. You identify with his mother because of your own. But you can't see your father as anything other than your mother's rapist. Even with the things you've learned about him from Simon, he's not a real person to you.

"You deal with rapists every day. You see them as the bad guys, which they are. But that doesn't make them all bad. Some of them have women who loved them even after they know what they've done. Some of them are fathers who love their children but can't deal with their mothers. Others had to deal with an aging parent and can't handle it, so they take their frustrations out on someone else.

"If they end up here, I can tell you what they had for their last meal, if they busted their knuckles on somebody's face or how they died. But there's only so much I can tell you about the people they were. But in the end, they're just people. That's one thing I learned from this job."

Beep, beep, beep went the timer on Warner's watch.

"Coffee's ready. There's mugs and the trimmings on the bookcase over there." Warner pushed the plunger down in the pot and poured the dark liquid into the mugs Olivia brought over. "I may not be your FBI shrink, but my coffee's better."

That made Olivia smile, remembering just how bad the coffee was at the Federal Building. "That's much better. Now you talk and I'll seat back and sip."

"I guess you're not a better shrink. What you said is true. I do see things from the victim's point of view. And I do see the rapists and child molesters as nothing more than walking evil incarnate. But I can't see them as anything else if I'm going to do my job."

"Seeing your father as a human being won't stop you from doing your job."

"But I don't know that it will help me either."

There was a knock on the office door. Warner grabbed the coffee pot and hid it under her desk.

"Come in."

It was one of the lab techs whose name Olivia could never remember. "I have the DNA results from that last test you did. They told me you wanted them right away."

"Thank you. Close the door on your way out. Please."

Warner's simple courtesy went a long way with her subordinates.

"Let's finish our coffee and go check these out." Warner looked at the sheets in the folder. She reached over and pulled down another folder marked Jacobs. Then she picked up her cup and finished her drink. Olivia picked up Warner's mug and set it back on the bookcase with her own empty cup.  
She watched as Warner put both sets of DNA result on the light board. They looked to be a match.  
"Has the little boy been tested yet? If not, call me and I'll go get a sample from him. No need to bring him down here."

"I'll call as soon as I find out from his mother's lawyer."

"Good. And Olivia."

Olivia stopped with the door open to leave.

"Did the coffee help?"

"Yeah. I think it did a world of good. Thanks."

"Anytime." And Warner started putting her apron back on to finish the interrupted autopsy.

Part 7

Elliot was so engrossed in his paperwork he didn't even notice Olivia walk into the squad room. She know better than to startle him. Instead she sat at her desk and looked for the card Gretchen Fisher had left with them. That got Elliot's attention.

"How did it go with Warner?"

"The DNA is a match. No surprise there. I have to call Hannah's lawyer to let her know and to find out if she has David scheduled for a test."

"Here." Elliot handed her the WAG business card. "You'll need this."

"Yeah. That'll help." Olivia dialed the number and was pleasantly surprised to get the attorney on the phone. "Ms. Fisher, this is Detective Benson. The DNA is a match. Have you made arrangement to have his DNA tested? Okay. Our Medical Examiner is willing to come to him rather than have him go to her office. You can give her a call and set it up. Yes, that's the number. Just ask for Melinda Warner. Let me know if there's anything we can do to help."

Olivia hung up the phone. "That's done. What are you working?"

"That's see. I have finished everything up on Dobson. Martin, Hernadiaz, and the Levin kids. I want to make sure I'm up to date in case I'm not back for awhile. Because this is my request for vacation. Everything completed except the dates." Elliot set the last piece of paper on top of the pile. "Which the Captain will fill in as soon as I call him."

"Sounds like you've got everything organised and ready to go."

"Except for knowing when. That is one thing I have no control over. But let me remind you, I'll be late tomorrow. I'm taking Kathy to the doctor. She got the earliest appointment she could. And I'll be here after I drop her off at home."

"What, again." Munch chimed in from across the aisle. "Haven't they figured out yet the woman is having a baby?"

Elliot took a deep breath and let it out slowly to the count of ten. He refused to lose his temper with Munch, but listening to his rants had taken their toll today. He looked over at Munch who was making another cup of tea from the basket of herbal teas Olivia had donated to the coffee station.

"Munch, they know she's pregnant. They just want to check to see that they are both doing okay. And the doctor needs to check for signs that Kathy is getting ready to deliver."

"That's the sort of thing the doctors tell people when they want to run up the charges to the insurance companies. They don't really need to see you but they want to check you to be sure. And then the insurance raise their rates to cover the inflated doctor bills. And the people who can't afford the premiums have to cancel their insurance. They end up going to the Emergency Room for routine medical attention that they should be getting from their doctors. Which means emergency patients are getting the care they need fast enough. And then they die. Hell of a system."

This latest speech brought Cragen out of his office. Everyone else just stared in amazement. It had been a running joke in the squad that Munch could see conspiracy everywhere. But it wasn't funny anymore.

"John." The sound of Cragen's voice stopped the rant. "Can I see you for a minute in my office?"  
He waited for Munch to come in and then shut the door.

"You've been sitting at that desk all day on the computer. We need the information inputted. But I think you have done enough for today. Staring at that screen too long isn't good for you or anybody else for that matter. It's getting late. Why don't you go home and get some rest. Get a fresh start in the morning."

"I am feeling a little tired. I guess going home isn't such a bad idea."

"Good." Cragen opened the door and walked Munch to his desk. "This will all still be here in the morning.

Munch put on his coat and grabbed the cup off his desk. People kept their eyes on their desks until he left.

Elliot was the first to speak. "Captain, do you have any idea what's going on with him?"

Cragen shook his head, "No but I'm going to go call Huang and see if he has any ideas. I don't know what else to do."

Olivia spoke up. "What about Finn? Maybe he can talk to Munch."

"He and Lake are still over working with Burglary. I'll call over and check to so how they're progressing. Maybe we can get them back here soon. What are you two working on?"

Elliot looked over at Olivia and then back to Cragen. "I'm making sure I'm caught up on my 5s so I can leave with a clean conscience. Here's the form for my vacation leave. And Warner matched the DNA from Hannah Jacobs' rape kit to Mr. Richardson."

Cragen took the form and nodded. "Anything else?"

"David Jacobs should be tested tomorrow and every other case is still waiting for tests to come back from the labs."

"Then you two go home as well. It's been a long day."

"You don't have tell me twice." Elliot straightened his desk and went to get his coat. He handed Olivia hers and they walked out to the elevator. They were the only ones on the trip down.

"So, you seem to be feeling better." Elliot said. "That trip to the morgue lightened your mood. I'll have to send you there more often."

"Nothing like hanging out with a bunch of stiffs. A cut above most of the guys out there."

Elliot winced. "Your own little slice of heaven."

The elevator doors opened and they got out.

Olivia went to the right towards the street, "See you tomorrow."

Elliot went left towards the garage, "Remember I'll be late."

"I know . Nite."

"Nite."

Part 8  
December 14, 2007

It was 11:30 before Elliot got into work. Olivia had spent the morning trying to get the test results for their open cases from the lab. She had gotten used to them getting results within hours, but some of the evidence was was taking much longer than usual. She knew her standing over their shoulders wouldn't help, so she forced herself to over the new expense reimbursement directive that had been left on her desk.

"Sorry I'm so late." Elliot said as he dropped the bag with a doughnut on her desk. There was a bakery across from Kathy's OB/GYN that made doughnuts using their own jams. Olivia's favorite was plum.

"Is everything okay? I didn't want to call unless it was an emergency."

Elliot looked around the room but didn't see Munch. "They did another ultrasound to make sure the baby's head was in the right position. They don't want to risk him coming out butt first."

"Him? I thought you didn't want to know."

"Him as opposed to it. I am not referring to my child as an it." Elliot took a bite of his doughnut. Raspberry jam with a dark chocolate glaze. "Did the lab finish testing the samples yet?"

"The golf club had traces of Mrs. Downey's blood and skin, so that puts the husband at the top of my list. The fibers from Janice Kelly's shirt are a cotton/poly blend that's a standard commercial grade. So no help there. The broken glass near the Lexington Street rape is from a bottle of Cristal champagne. And the pills in Mr. Walker's cabinet were definitely not his prescription. They contain cantharides which explains the blood and the coma. Warner has the body but most likely he took the pills himself."

"What about the button the dead girl had in her hand?"

"That one they are still working on. They have to be careful not to destroy so they're limited in the tests they can run. And they are still shifting through the pile of stuff from the dumpster where the dead boy was found."

"The DNA test done on David Jacobs?"

"Warner did the swab and should have the results in a few hours."

"Sounds like you didn't need me at all."

Cragen came out from his office just as Elliot popped the last bit of doughnut in his mouth.

"Good, you're here. I got a call from Mr. Richardson's attorney. He was not very happy to hear about your escort service yesterday. We agreed one interview to get his client's side of the story was all we needed. So unless Richardson breaks some other law, you two stay away from him. We don't need to have harassment charges filed."

Elliot started to object but Cragen interrupted.

"You did what you had to do. We just don't want to give them any ammunition for Monday. Speaking of Monday, what time will you be needed to testify?"

"The case is scheduled for 10:30." Olivia answered. "But since Richardson brought it, he goes first. Once he's finished, Hannah will testify. Ms. Fisher will have us called when Hannah starts so we should be there by the time she's done. It will probably be in the afternoon."

"Then you had better get to work on the rest of your cases now. I assume the lab results give you some leads."

"We're on it now." Elliot sat down and grabbed a file from Olivia's desk.

Several hours later, after dozens of phone calls and several witness interviews, Elliot and Olivia ended up at the Medical Examiner's office. This time Warner wasn't busy with somebody.

"I have the autopsy finished on Angus Walker. The lab confirmed what was in the pills CSU found matches what I found in his body. Those pills caused his coma and his death."

"The thing that I don't understand is why he was taking Spanish Fly when his doctor could have prescribed Viagra." Elliot wanted to know.

"His doctor wouldn't have prescribed it. Mr. Walker has a degenerative renal disorder which contraindicate the use of Viagra. And I found no medical indication that he suffered from ED."  
"Then why take the stuff if he didn't need it?"

"It could be he didn't know what he was taking. The pills were in a bottle from his pharmacy." Olivia asked. "Could it be a mistake at the pharmacy?"

"I don't see how." Warner answered. "Cantharides are illegal in the US for humans except as a topical ointment. These almost have to be imported."

Olivia's cell phone rang and she moved away to answer it. She was distressed when she hung up. "Elliot, we have to get back to the house. There was another 911 call from Mrs. Jacobs. It seems Richardson went over and was hanging around their apartment building. Cragen had them bring him over to the squad room. He wants us back there now."

Elliot turned to Warner. "We'll find out from Walker's doctor what was supposed to be in that container. Can you find out where those pills might have come from?"

"I'll check them against the indexes and let you know."

"Thanks," and Elliot rushed off to follow Olivia who was already out the door.

Part 9

Cragen was waiting for them when Elliot and Olivia walked in.

"They brought Richardson in a few minutes ago. He lawyered up right away so we'll have to wait until his attorney gets her. So I called Gretchen Fisher to tell her what happened. She's on her way to Family Court to get a restraining order. Did Warner get the results from the son's test?"

"We hadn't gotten past the Walker autopsy." Olivia answered. "I'll call and check on that now."

"What was the verdict on the Walker case?"

"The verdict is on hold." Elliot said. "Death was caused by the pills which turned out to contain cantharides. Warner is checking to see who manufactured them. And I'm going to call the man's doctor to find out what was supposed to be in the pill container. The label got wet and the ink ran"

Olivia hung up the phone. "Warner got the results. David Jacobs was fathered by Richardson."

"Lets keep that to ourselves for the moment." Cragen decided. "No reason to get everybody riled up just yet."

A few minutes later, Oliver Gates strode into the squad room. Elliot suppressed a groan. Gates was well known for taking controversial defendants and making them publicity magnets.

"Defense attorney in the house." Elliot announced. "I take it you're here to see Theodore Richardson."

"How very perceptive you are." Gates retorted. "No wonder you became a detective. Where's my client?"

"Down in interview room 3. You know the way. We'll be right behind you."

"Actually I'd like a few minutes alone to confer with my client, Detective. Then you can come in."

While the two men were sparring, Olivia went over and knocked on Cragen's door. "Richardson's attorney is here. Why didn't you warn us it was Gates?"

"Why set Elliot off twice? One set of fireworks is enough." Cragen got up from his desk and hurried into the squad room.

"Councilor, let me take you to your client." He walked the attorney down and the hall and came back. "Elliot, if you can't keep yourself under control, you aren't going in there. Olivia and I can handle it."

Elliot thought about it for a moment. He knew it would be simpler if he just stayed away from Gates. But he hated to give Gates the satisfaction of thinking he kept Elliot out of the interview.

"You and Olivia go talk to the blowhard and hid client. I'll go call Walker's doctor. The sooner I talk to him. The sooner Warner can file her verdict."

Cragen nodded and motioned to Olivia to follow him. He was pleased that Elliot had chosen to take himself out of a potentially combative situtation. It was a step in the right direction. He opened the door for Olivia and they went into the interview room.

"Now that everybody's here that hear what Mr Richardson has to say for himself. He had been told to leave the Jacobs alone."

Gates cleared his throat. "My client was just trying to get a look at his son. He only found out about him the other day. He is understandably curious about the boy. And he was in a public place when the police picked him up. He wasn't doing anything illegal."

"Some people might call that stalking." Olivia interjected. "And stalking a child is a Class E felony in New York."

"Trying to see his son is not going to be considered stalking. He has a legitimate reason for being there. He has the right to see his son."

Cragen spoke up. "Until Family Court decides that Mr. Richardson has any parental rights, he has no legitimate reason to see David Jacobs. And his presence at her apartment building is harassing Ms. Jacobs. If she chooses to file a compliant, we will arrest Mr. Richardson. Mr. Gates, perhaps you should explain to your client what his arrest will mean to his petition in Family Court."

"I just want to see my son." Richardson exploded. "I didn't even know about him and now I just want to see him. Why won't she let me him?"

"Maybe because she doesn't want him near the man who raped her? It seems a pretty good reason to me." Now Olivia was angry as well.

"Everybody calm down." Cragen could see this was getting out of control. "This goes to court on Friday. That's where this will be resolved. Until then, Mr. Richardson, you need to stay away from Hannah Jacobs and her son. I would rather not have to waste police manpower to keep picking you up. But I will if I have to. Is that perfectly clear?"

There was a knock on the door and Elliot stuck his head in. "Captain, a moment."

Cragen stepped out into the hallway and found Gretchen Fisher waiting with the familiar blue of court papers in her hand.

"Did you get your restraining order from Family Court?"

"Yes. Detective Stabler tells me Richardson and his lawyer are in there. I'd like to serve it on them and make sure there is no misunderstanding about the terms."

"Go on in. I'll be right there." Cragen turned to Elliot who had a worried look on his face. "What's up?"

"Munch is back from doing witness interview. But he doesn't look well. Did you talk to Huang about him?"

"I left him a message but he's hasn't gotten back to me. I'll try again when we're done here. Just keep an eye on him until then."

Cragen opened the door and walked into a hornet's nest. Both lawyers were arguing vehemently about the restraining order. Richardson was saying "No, no, no" repeatedly. And Olivia was ready to pounce on anyone who did more than talk.

"ENOUGH!" Everyone was suddenly quiet. "Ms. Fisher, if you have delivered your news, I think it is time for you to go now. Mr. Gates, take a few minutes to explain to your client what he can and can not do while the court order is in effect. Then I want the two of you out of the station. And I don't want to see or hear about any more trouble from the lot of you."

He opened the door for Ms. Fisher and Olivia. Cragen watched as the attorney walked out the doors and caught the elevator down. He decided it was better to wait a few minutes before sending the others on their way. That would give him enough time to try Huang again.

Munch was at the coffee station making another cup of tea. Cragen went over and poured himself a cup of coffee. Elliot was right. Munch didn't look very good.

"How's it going today, John? The witnesses giving you any more leads?"

"As usual, the witness statements are a mess. Some of the people heard the bottle break. Others didn't. One man thought he heard a woman scream but didn't pay attention because he thought it was the neighbor's television. Nobody recognised the woman's face. And I have to say that neighborhood doesn't match the bottle the lab boys claim was dropped. The only way anybody there would have a bottle of champagne would be if it fell in to their laps from a truck."

Munch sat down at his desk with his hands wrapped around the hot mug. He glared at Elliot who watching him. "I'm cold. I was outside where it's cold instead of sitting indoors keeping warm like some people."

Elliot and Cragen looked at each other. It wasn't that cold out today. If it had been, Cragen wouldn't have sent Munch out to canvass. Now Cragen knew he had to get Huang on the phone. But first, he had to get Gates and his client out of the interview room.

"Counselor, time for you and Mr. Richardson to go. And I do mean it when I say we will arrest you if you violate the restraining order. Is that clear?"

Gates shepparded his client down the hall. "Everything is perfectly, Captain Cragen. I'm sure that the Family Court judge will interested in the police favoritism shown here today."

Munch heard this remark and a flash of anger showed in his eyes. "It's not favoritism to try to protect a rape victim from her attacker. She has every right never to see this piece of human refuse again. Especially as a free an only because he didn't show his face until the statute of limitations was up. Very clever to go out of the country before we could catch you. A real act of cowardice."

"Detective Munch, in my office now."

Part 10

The squad room was very quiet now. Cragen had chewed people out before, but to yell at Munch in front of outsiders showed just how angry he was. Munch had been out of line, but people were worried. They were short staffed right now and couldn't afford to have Munch out of commission.

Olivia was dealing with negative thoughts of her own. Munch had been her first partner at SVU. It hadn't worked out well. She was never completely comfortable with him. When Elliot's partner retired and Cassidy arrived, Cragen took the opportunity to switch them around. She and Munch had gotten along much better not being partners. She hoped they could find out what was wrong with him.  
Elliot saw how worried Olivia was. The best thing to do was to work. A call came in that the rape victim who had been found on Lexington Street was awake.

"Why don't you go to the hospital and get her statement? That really needs only one of us. I'll stay here and work on the other cases."

Olivia put on her coat and left. Elliot picked up the phone and made some calls. He sent uniformed officers to pick up Mr. Downey so he could explain why his gold club had his wife's blood on it. He checked back with the lab to see how much of the dumpster contents they had worked their way through yet. And he called Mrs. Kelly to make sure she had scheduled appointments with the therapist Huang had suggested for her daughter. Unless they were able to get more information out of the four year old, they couldn't do much about finding the man who molested her.

By the time he was done, Olivia walked through the door.

"What did you get from the victim?" Elliot asked.

"She told me her name is Margie Dunlap and she's from Iona College up in New Rochelle. She and some friends came down to celebrate another friend's engagement. She met a guy at the party and they went off bringing a bottle of bubbly with them. Instead of going to his place, he pulled into the alley off Lexington. He pulled her out of the car. She grabbed the bottle and tried to hit him with it. Se missed and it smashed on the ground. That pissed him off so he beat here, raped her and left her there. I went over to her friend's address. It seems the guy is a friend of the groom-to-be. I got his name and address, but he wasn't home. The doorman will call me when he gets home. I figured if Casey can get an arrest warrant, we can pick him up."

"You call Casey and I'll go tell the Captain."

"What happened with Munch?"

"I'm not sure. There was some angry words and he left through the side door."

Elliot knocked on Cragen's door. He waited for the word to come in. "There was a break in the Lexington rape case. The victim woke up and we have the guy's name and address. Olivia's on the phone with Casey to see if she can get us an arrest warrant now."

"Good. He left fluids, right?"

"Yeah, he did."

"See if Casey can get an order for a DNA test as long as she's asking."

Elliot decided it was not a good time to ask about Munch. He went back towards his desk to find Olivia looking through the papers on Munch's desk. Probably for the rest of the Lexington file he had been working on earlier.

"What did Casey say?"

"Donnelly was in chambers and agreed to wait for Casey to bring the paperwork over for her signature."

Elliot looked at his watch. It was after four already. If they were going to pick this guy up tonight, he wouldn't be home until late. He picked up the phone and dialed home.

"Hi Kathy. It's me. I'm sorry but I'm stuck at work for awhile."

"Did you get a break in a case?"

"Yeah. The girl who was attacked and left in an alley woke and identified her assailant. We're going to go pick him up as soon as he gets home."

"That's good news. Of course you can't leave."

"Who's there with you?"

"Kathleen and Elisabeth. Dickie should be home from practice soon."

"Do they have plans to go out tonight?"

"Kathleen was going to the movies with that boy she met in English class. Dickie was going over to Charlie Monahan's house to play video games. And Elisabeth is spending the night at Claire's to get their costumes ready for the play."

"I'd rather you weren't in the house by yourself. Not this close to the due date."

"Elliot, the doctor said I'm no where near ready for delivery yet. So relax. But if it will make you feel better, I'll call Mary. She can come over and we'll watch a chick flick while you're not here. Okay?"

"I don't want you there alone just in case."

"I know. But you worry too much. I'll be fine. Call before you leave?"

"As long as it's not too late. I love you."

"Love you too."

Elliot felt better. Maureen had once told him he was such a cop. And she was right. He knew he was being overprotective but that was just the way he was. And what the job made him. Once you see how bad the world can be, the more you want to protect the people closest to you.

Olivia's phone rang. It was the doorman from Rick Dobson's apartment building . He had just come home with Thai takeout so he would probably be here awhile. As soon as she hung up with him, she called Casey back. She told her about Cragens' suggestion to add the order for testing. They arranged to meet at Donnelly's office to pick up the arrest warrant.

"Let's go." She said to Elliot. "Casey's on her way over to the judge's chambers. We can get the warrant on the way to pick up Dobson."

They went down to the garage and signed out a car. Elliot drove to the Courthouse and let Olivia off. She ran upstairs to Judge Donnelly's chambers. The office assistant told her Casey was in with the judge. Olivia started pacing in the outer office. She wanted to get this guy before he get a heads up they were looking at him for the rape. The door to the inner office opened . Casey handed her two pieces of paper.

"Arrest warrant and order for a DNA sample."

"Great. Thanks." Olivia said as she started out the door, "We're on our way to pick him up now."

Olivia looked for the car as she came out of the building. Elliot had circled the block and was on the side. Olivia jumped in the car.

"436 East 63th Street."

Part 11 

There was a parking space three cars down form the building. The doorman recognised Olivia.

"He hasn't left yet and no one has gone up to see him."

"Good. Is there any other way out of the building besides this door?"

"There's a fire door in the back, but that will trigger an alarm. There are fire escapes off the bedroom windows."

They decided to both go up to Apartment 612. Olivia knocked on the door.

"Hey. Come on in the door's unlocked." With a shrug of his shoulders, Elliot opened the door.

"There's plenty of Thai pad here if you're hungry. You know I always get too much." A deep male voice come from around the corner. The detectives came forward, guns ready.

"I'm not really hungry." Elliot answered. "Maybe some other time. Richard Dobson, don't move. You are under arrest."

The blonde young man just stared at them with a white takeout container in his hand, and very little else. He had gotten quite comfortable since he arrived home and was wearing only his boxers and his socks. Olivia saw his pants draped over a chair in the dining area.

"Put the container down." She tossed him his pants. "And put these on."

She looked around for a shirt to toss him while Elliot watched him put on his pants. Once he was dressed they cuffed him and took him down to the station. On the way, Olivia called Warner.

"We have a suspect who needs a court ordered DNA test. Can we bring him to you or will you come to us?"

"I'm about to leave to see to a body that was found out by the piers. I'll stop by and do the test on my way back."

"We'll see you then."

They went back to the station and put him in an interview room to wait. They were in no hurry and letting him stew would soften him up for the interview. Thirty minutes later, Warner still hadn't shown up. So they decided to start the interview. But Dobson didn't want to play. He just asked for a lawyer and shut up.

"Do you have one of your own or do you need us to call to call legal aid for you?" Olivia said with almost poisonous sweetness in her voice.

"My father has a lawyer. I need a phone to call him."

"Just as soon as we can find you a phone." She let the door close hard on her way out.

Forty minutes later Warner showed up, her bag in hand. "What have you got for me?"

"The rapist who was kind enough to leave us a sample to work from. Right this way." Olivia picked up a phone on her way to the interview room where Dobson had been waiting. "And once you're done, he can call his daddy or his lawyer."

They stepped into the room. Dobson was fit to be tied.

"Sit here and open your mouth." Warner said with a smile.

"What took so long to get me a phone?

"No talking while I'm doing this. You could bite down and end up with splinters in your mouth. There. All done." Warner slipped the swabs into the evidence bag and sealed it.

Olivia had plugged the phone in while Warner took the swab. "And here's your phone."

Then they turned their backs to him and left.

"Want some coffee before you leave? It's not the same as yours, but it's warm."

"Sure. It's gotten colder out since this afternoon. And the wind on the piers makes it worse."

Warner set her bag down on the chair by Munch's desk. She took off her damp coat and laid it over the back to dry a bit.

"Elliot, did you get in touch with Walker's doctor yet."

"Yeah. I kinda forgot with getting Dobson. His doctor confirmed Mr. Walker had been diagnosed with a kidney disorder. They were trying to keep it under control without medication but he recently prescribed Ramipril to help keep his blood pressure down. That's what should have been in the container. And there was no report of sexual dysfunction. Because of Walker's conditions, that was something he was told to report."

"Maybe he was too embarrassed to tell his doctor." Olivia suggested.

"Or he didn't have any reason to know. One of the reasons his blood pressure went up was he and his wife were fighting. Apparently she left him last week."

"She must have come back because the report says she's the one who found him naked in the living room in a pool of blood."

Elliot and Olivia looked at each other. The spouse is the first person suspected, especially one who had been unhappy with the victim. Elliot looked at his notes.

"The prescription was filled three days ago. Only one pill was missing. He would have taken one pill with dinner. She found him when she got home from shopping and he died yesterday."

"It's a new medication so he wouldn't have known what the pills looked like. If she had a chance to switch pills he wouldn't have known the difference.

"I got the actual pills and looked for maker's marks on them. But there weren't any. I checked with a friend at Customs and they don't have any news about imports that contain real cantharides. Most of the imports contain cayenne pepper. But I'm not the first person calling this month asking about it. He's had three other calls on it, so he's going to send me what information he can."

"So we're talking definitely talking murder here."

"Mrs. Walker seems likely as a suspect. We need to talk to the neighbors and find out about the state of the Walker marriage. Then we can talk to Mrs. Walker herself."

"But if there were three other cases, do you think we're dealing with a serial killer?" Elliot was wondering if this would stay their case if that proved to be true. He had gone on the computer to check the crime against the records in VICAP.

"I don't think so." Warner joined in. "My friend said one call was from Pennsylvania, another from Jersey and the third from Vermont. That's a lot of distance to travel to kill people in less than two weeks. It sounds more than several people are buying these pills from somebody. Maybe over the Internet. It's a painful way to kill someone."

"And real personal." Olivia added. "Whoever gave it to Walker had to know about the prescription and have access to the medicine cabinet."

Elliot looked up from the computer screen. "All of the victims are men, all married. The pills were found in all three homes. Only two of the men were taking medication. But the third was a well known drug enthusiast. Been busted for everything from pills to cocaine."

Warner took another sip of her coffee. It was everything she expected and nothing she hoped for. "Sounds like you two have plenty to do while you want for Dobson's attorney. So I'm going back to my lab to run his test and take a better look at my John Doe. I'll call with the results of the DNA swab."  
She set down what was left of her coffee, put on her coat and grabbed her bag as she took off towards the elevator. The doors opened and Munch stepped out. He held the door open for Warner to get in and then went to his desk.

"What happened to the papers on the Lexington rape?"

"I have them over here." Olivia told him. "We got the rapist in an interview room now waiting for his lawyer."

Munch walked to Elliot's desk to look at the computer screen. "What does this have to do with the Lexington rape?"

"Nothing. These are other cases out of state that look like they match up with Walker." Elliot saw Munch's confused expression. "The dead naked guy in his living room."

"But the others aren't naked." Munch looked at the pictures on the screen.

"But they died from poisoning with cantharides." Elliot explained. "All married. So we're thinking Mrs. Walker was looking for a way to get rid of Mr Walker."

"I had four women who chose to divorce me rather than kill me. Spanish Fly has to mean something more than just she wants to dump him. Maybe she wanted to punish him for making too many demands in the bedroom?"

"Or maybe not enough." Olivia theorized. "What if she found out he was seeing another woman. Killing him with an aphrodisiac would make her point. The punishment would fit the crime."

Both Elliot and Munch gave a shudder. Even with all their training, the idea of a woman inflicting that kind of punishment for straying was an uncomfortable one.

"I'll ask the other police departments for information on the state of the victims' marriages along the rest of their reports." Elliot copied out the names and numbers to call and handed one each to Olivia and Munch.

Twenty minutes later, they were comparing notes. All the victims had shaky marriages due to the wandering eye of the husbands. At least two of the wives had publicly spoken of divorce, which was no longer an issue. None of the pills had any markings. But the one set had been found in an antique pill box, with the receipt from The Curiosity Shop in Lennox, Massachusetts in the wife's nightstand drawer.

Now they had something to use to get a search warrant for the Walker apartment.

Part 12

Unfortunately Casey didn't think it would be enough be alone.

"Find me something that shows she had a package delivered from Massachusetts, or she was home alone after the prescription was filled, or that she said she wouldn't need to divorce her husband."

The Post Office and delivery companies were closed for the day. So Munch went to check out the local drug stores while Elliot and Olivia went to talk to the Walkers' neighbors. They heard quite a bit about the fights the Walkers had and about Mr. Walker's girlfriend. It seemed she wanted to move into the apartment after Mrs. Walker moved out. But Mr. Walker told her very loudly to get out and never come back. Two days later Mrs. Walker was home again. But nobody knew where she had gone.

Munch had better luck. The third pharmacy he stopped in had filled the prescription. And when the clerk pulled the records, it seemed Mrs. Walker had signed for it. When Munch called Casey, she said she could work with that and she'd call when the search warrant was signed. Munch called Elliot and told them to wait at the Walkers' apartment building.

Twenty minutes later, search warrant in hand, they converged on the Walker apartment. While the uniformed officer who delivered the warrant stayed with Mrs. Walker by the front door, the three detectives went looking for antique pill boxes, receipts and financial records. They found six pill boxes, an empty cardboard package with a return address from Lennox and a credit card statement showing a purchase from the Curiosity Shop. The pillboxes went straight to the lab to test for traces of cantharides. The rest went along with Mrs. Walker to the station.

Cragen was waiting for them when they got back to the squad room.

"Mr Dobson and his attorney are waiting in an interview room. Mr. Downey is in the holding cell. I called Casey and she should be here soon. Not that she's happy about it.

"Olivia, why don't you and Mrs. Walker go get settled in another interview room. Elliot, why don't you go sit Mr. Downey down for a chat. And Munch and I will join Mr Dobson."

Elliot finished with Mr. Downey first. The man declined a lawyer and signed the Miranda wavier card. He freely admitted what he had done, but he refused to believe he had committed a crime. He stated that what happened between a husband and wife in the bedroom was nobody else's business. When Elliot pointed out that Mrs. Downey had to be taken to the hospital and required surgery, his only response was that she wouldn't complain about being a gold widow now that she had been a golf wife.  
Elliot put him back in the holding cell before he gave into temptation. Casey was looking around the squad room when he came back through.

"Casey, we have a full house. I just put Mr. Downey back in the cell but you can hear about him later. Mr. Dobson and Mrs. Walker are over here."

First they checked in on Dobson. Elliot flipped the speaker on.

"That girl. She just jumped out and my car at the light. She had the bottle and she went dancing down the alley with it. She was making a lotta noise and I think she woke some guys up who were sleeping there. I took off when I saw them."

"You just left her in an alley, drunk, with men moving in on her." Munch made a disgusted sound.

"What do you expect me to have done? Charge down the alley and rescue her."

Elliot looked at Casey. "I'm going to call Warner and see if the DNA is back on this guy."

He went down the hall to his phone. Casey continued to listen.

"Do I look like a knight in shiny armor to you?"

"Gentlemen, my client was under no obligation to rescue Miss Dunlap from the situtation she had gotten herself into."

"But he could at the very, very least have called 911 on his cell phone from the car."

Elliot came back down the hall, smiling. "Warner says Dobson's DNA is a match to the semen in Margie Dunlap. We got our rapist."

"I'll go in and drop that bombshell on him. You go see if Olivia needs help."

Casey walked in the room. "Mr. Dobson, you can continue to weave that fairy tale of yours. But unless one of those homeless men of yours is your long lost identical twin brother, you going to jail for rape and assault. The DNA you gave up today matches the sample you left in Margie."

"We might have had sex before we got to the car."

"You suddenly think you might have had sex before a woman is raped by somebody else. A jury will never buy it because yours is the only sperm and there's no evidence that someone else was there wearing a condom."

Dobson's attorney spoke up. "What sort of deal can we talk about here?"

Casey shook her head. "No deal. I can nail your client's hide to the wall. But if he confesses, shows some remorse for his actions, a judge might take that into account during sentencing. We'll leave you two alone to discuss it."

They left the room with a suddenly sober faced Dobson looking at his attorney, Cragen switched the sound off even though he would love to hear what was about to happen. They walked over to the other mirror and listened in there. Elliot and Olivia were going over Mrs' Walker's credit card statement with her.

"I brought another pill box from Annabelle just this month. She knows what I like. I prefer 18th century Limoges or sterling ones form the same period."

Cragen turned off the sound. "Munch, go call the lab and find out if they had finished testing those pill boxes for traces of cantharides. Before they die of boredom in there."

The attorney stepped out of the room and came over. "I have convinced my client that it is in his best interest to plead guilty and hope the judge will remember what it was like to be young. Please send the paperwork over to my office. I have to go break it to his father."

Munch passed him in the hall and made a rude gesture to his back.

The lab did find traces of the drug in one pill box. Heart shaped in white with pink ribbons and forget me nots painted on it. Very sentimental. They're faxing over a report now."

"Casey, you want to break the bad news to her?"

"Sure. This is turning out to be more fun than Christmas shopping. Munch, bring me the report when it comes in."

Once again Casey walked into the room and the conservation stopped. "Mrs. Walker, I'm ADA Casey Novak. I'm going to be prosecuting you for the murder of your husband. I know the detectives already advised you of your rights, but I'm going to remind you that you have the right to an attorney. Because you are going to need one."

"I thought it was an accident. There was a mistake at the pharmacy and Angus got the wrong pills. I didn't murder him."

"Oh, they were not the pills he was supposed to get. You picked those pills up at the pharmacy and then replaced them with the pills from the pill box you got from the Curiosity Shop. There were traces of the poison left in the box. I have means, motive and opportunity. A jury won't take ten minutes to return a guilty verdict.

"But you give up Annabelle Sheffield and agree to testify against her, I'll see about getting you a deal. Murder in the second degree, twenty five to life with the possibility of parole."

"That doesn't sound like a good deal."

"You won't even get that if one of the other three women agrees to talk first. If they do, you'll be looking at a charge of murder in the first degree. I think use of this particular poison will qualify as acting in an especially cruel and wanton manner. Then you're looking at life without parole. And you won't be allowed to bring your pretty things with you."

Mrs. Walker had gotten quite pale. "I think I should like to have that lawyer now."

"Suit yourself Mrs. Walker. I'll have a phone brought in right away."

Casey left with Elliot and Olivia following her.

"Get her a phone. I want this one done by the book." Cragen told Elliot, who hurried off.

"What do we know about the cases in the other states?"

"The other departments were picking the women up except Massachusetts. They wanted to hold off until we could see if the wives would talk."

"Then I'll probably have to be here most of the night. Olivia, why don't we go grab a bite to eat now and you can fill me in on what we already know. Then you better get home. You have the Jacobs hearing in the morning."

Elliot took the phone in and plugged it in for Mrs. Walker. The he left her alone to make her call.

"The same thing applies to you, Elliot. Go home and get some rest for tomorrow. Munch and I can handle things here."

"I might even be able to see Kathy before she's asleep. I'll see you in the morning."

He grabbed his coat and followed Casey and Olivia to the elevator.

Part 13  
December 14, 2007

Elliot was stuck in traffic on Route 25 approaching the Queensboro Bridge. He had meant to leave early but staying in the nice warm bed was too appealing. There must be some store having an early bird sale this morning because traffic wasn't usually this bad. Which reminded him he wanted to get something for Kathy for Christmas. They had agreed to keep things low key this year. The baby shower last week had brought them almost everything they needed for the baby since they had given away everything they had from the twins. Kathy had been busy for three days writing out thank you cards.  
But it was his first Christmas at home after missing three of them. He wanted to mark this one as special. Traffic moved a few car lengths. At this rate he'd make it work just in time to leave for Family Court. Well, he'd have plenty of time to think of about a present while he waited.

Olivia didn't have a problem with traffic. She was already in the squad room before Elliot made it to the bridge. Cragen wasn't in yet but there was plenty of paperwork waiting on her desk. Rick Dobson was booked and awaiting his appearance in court this morning. Robert Downey had finally realised he was in deep trouble and called his lawyer. He was scheduled for arraignment this morning as well.

But Casey had held off with Mrs. Walker, hoping she would choose to cooperate in exchange for a lesser charge. After dinner last night, both she and Trevor Langden had tried to convince the woman to talk, but she said she wanted to think about it. Casey had left a note for Olivia to take the financial papers over to the forensic accountant and to call Mr. Walker's lawyer to see if there had been talk of a divorce. They hadn't heard back from the other jurisdictions on whether their suspects were talking.

One hour later when Elliot walked in, Olivia had finished calling the other states. None of the other women were talking either. And without one of them giving up Annabelle Sheffield, they didn't have enough for Massachusetts to search her shop.

"Elliot, Amelia Walker hasn't given up the shop owner. Are you up for a little two on one?"

"What did you have in mind?"

"She doesn't know the others aren't talking either."

Elliot thought about it for a moment then looked at the clock. It was already ten minutes past nine. "Let's check with Ms. Fisher about when she needs us in Family Court before we start with Mrs. Walker. Unless she waives her right to counsel, we gonna need to bring her lawyer in to use anything she says."

Olivia dialed the number for the attorney while Elliot checked the messages on his desk.

"She was just about to call us." Olivia hung up the phone. "The attorneys are stipulating to the result of the DNA tests Warner ran. So she won't have to testify. And the court appointed a law guardian for David Jacobs. It's Simone Bryce."

"At least we know somebody will be looking out for the best interest of the child. So when does she want us there?"

"She'd like us there when they start at ten thirty. With the issue of paternity settled, she thinks Richardson will make a statement about the home he can provide for David and that he he wants him now that he knows of him. She was thinking of putting us up first before Hannah if he claims the sex was consensual and the rape charge is a fabrication."

"But Hannah's will still have to take the stand to tell how she's been David only parent for all of his life. And she's better off telling the court about the rape herself."

"Fisher thinks it may be easier on her if the judge hears our evidence first. Also we'll be done sooner in case we get a call. And I'd like to be in the courtroom to give Hannah support when she testifies."

"Okay. Let's leave Cragen a message. Then we should get going. Traffic is murder out there today."

Elliot was right. They got to Family Court with only minutes to spare. Simone Bryce saw Olivia and came over to say hello.

"Olivia. I saw your name on the witness list. Judge Tao just asked me to serve as Davis Jacobs' counsel yesterday. So I didn't get a copy of the police report. Did you bring one with you?"

Oliver Gates came running over. "Simone, you know better than to talk to a witness before the hearing."

Simone smiled. "Alright Oliver. Then can you give me a copy of Hannah Jacobs' police report? Nobody seems to have sent me a copy."

Gates reached into his briefcase. "I am certainly willing to lend you mine. Of course it's irrelevant. The circumstances of David Jacobs' conception do not eliminate my client's parental rights."

Bryce excused herself and sat down to read the reports before they were called into court. So Olivia headed over to Elliot who was standing with Hannah and Ms. Fisher. The court officer called for all parties in the matter of David Jacobs and everyone went into the courtroom.

After the legal niceties were finished, Judge Tao was ready to proceed.

"I see the parties have stipulated to paternity. That makes my life easier. So Mr. Richardson, your son was born September 4, 2003. Why are you coming forward now?"

"I have been out of the country for work since December 2002. I only recently learned of my son's existence."

"I suppose that's a good reason. And Ms. Jacobs, you have objections to Mr. Richardson having any contact with the child? Can you briefly explain that?"

"David was the result of my being raped in December 2002."

"Objection, Your Honor." Olivier Gates was on his feet. "How the child was conceived is irrelevant to the issue of custody."

"Ms. Fisher?"

"The acts of Mr. Richardson in December 2002 are relevant. He committed a crime. That only reason he is not under arrest is that he stayed out of reach until the statute of limitations had expired. But those acts do show Mr Richardson's character."

"And Ms. Bryce, do you have anything to add?"

"The relationship of the parents has to be considered in deciding what is in the best interest of the child. If Ms. Jacobs and Mr. Richardson are unable to cooperate as parents because of their past, that will have an affect on David. The court should listen to the evidence to determine if their animosity will prevent any custody arrangement from functioning."

"Alright. I need to consider this issue from the point of view of all the parties. We will recess for ten minutes and I will make a ruling then."

Part 14 

Ten minutes doesn't sound like a long time but it is an eternity when you are waiting for an important decision. The lawyers stayed in the courtroom looking at their papers but the detectives went out into the hallway. Elliot used the time to call Cragen.

"Captain, it's Elliot. We're at Family Court and the judge is deciding whether to hear evidence about the rape. Gates is claiming it is relevant to the issue of custody. The judge wants ten minutes to think it over. If she decides not to hear it, we'll be back sooner than we we thought. I'll call if that's how she goes."

He snapped the phone shut and walked over to where Olivia was pacing. She didn't usually do that, but this case was different. The issues were so personal for Olivia and he didn't know if he could help. All he could do was listen if she chose to talk to him.

"I filled Cragen in. If the judge decides not to have us testify, he wants us back at the house."

"The judge has to hear the testimony about the rape. She has to understand a child shouldn't be in the care of that kind of man."

"But it's her decision and she has to follow the law. No matter what she feels about the situtation."

"I know that. But the rape affects everything and the judge needs to hear about it."

They were called back into the courtroom. Judge Tao took her seat.

"I have looked through the law and there is nothing that answers the question directly. Mr. Gates is correct that Mr. Richardson's rights would not be terminated because he has been accused or convicted of a crime. But his behavior is a matter of concern for this court. Not only because it shows his character but also it is important to consider its impact on Davis Jacobs as well as his mother.  
"However, this is not a criminal court and I am not seeking to punish Mr. Richardson for any crimes he may have committed. The matter of the act that resulted in the conception of the child is being considered only as it relates to the question of what will best serve David Jacob. So I am warning all the parties to keep their rhetoric in check."

"Mr Gates, present your first witness."

"I call Theodore Richardson."

Richardson was swore in and took the witness chair. Gates stood in front of him and began his questions.

"Tell your name, for the record, and your address."

"My name is Theodore Richardson and am currently staying at the Stay With Us Inn Times Square while I'm looking for a permanent residence."

"And your employment status?"

"I am a director in R & D for Proteus Engineering. They produce computer software for civil engineering projects. I have been with the company for almost ten years. Last year with everything included I made $238,000."

"Your Honor has a copy of Mr. Richardson' financial statements. Mr. Richardson, tell us about learning you were a father."

"I just got back from India where I have been working for the past five years. I looked up an old friend, Jim Anderson. He told me he was almost thrown out of school because of a party of his I went to right before I left. He told me Hannah Jacobs had reported she had been served alcohol there and then raped. Then he told me she had gotten pregnant and had the kid. I didn't recall that night all that well but when I saw her picture I remembered her as the girl I drove back to the dorm."

"And what happened on the drive back?"

"She started to snuggle up to me and touch me. She'd had a bit to drink. So I pulled over to a secluded place and we had sex in the back seat. The we put our clothes back on and I drove her back to the dorm."

"Back to learning about being a father. What did you do after you figured out you could be the father of Hannah Jacobs baby?"

"I was in shock. I had no idea that had happened. I went to the alumni office and got her address. I went over to talk to her and to see the baby. But her grandmother called the police. They told me I'd have to come to court to prove I was the father before she had to let me see him."

"So you've never even seen your child?"

"No. I wanted to but they wouldn't let me. I didn't even know about him until a few days ago but I think a boy needs to be with his father. That's the important thing."

"Thank you. No more questions."

"Ms. Fisher, your witness."

"You claim the sex was consensual?"

"That's right."

"You claim Hannah began the sexual contact."

"Yes, she did."

"You never heard her yell "NO!" repeatedly?"

"No, I didn't. She kept asking for more."

"Witnesses said Hannah was fine when she was at the party, but she was covered with bruises and had a dislocated left shoulder by the time she got to the hospital. Are you denying you did that to her?"

"Yes. She was fine when she walked from my car to her dorm."

"And you have have no idea how she came to be beaten up?"

"None. I wasn't there after I dropped her off. I don't know who hurt her."

"I'm done with this witness, Your Honor."

"Ms. Bryce, do you have questions for Mr. Richardson?"

"Yes, I do. Mr Richardson, you said you were looking for a permanent address. What are you looking for that would be a proper place for David to live or visit?"

"Originally, I was looking for something suitable for just me. Maybe a loft or a single bedroom in a good building. Close to the action, the clubs, downtown. But I told the agent to start looking in more family friendly areas. Two bedrooms. Parks and playgrounds. I'm sure she'll find something suitable."

"Okay. Now you work during the day. Where would David be while you're at work?"

"I talked to the HR director at my company. There is a daycare in the building we are in for children of the employees there. So I could drop him off and pick him right there. I could go down and see him at lunch or if I have some down time during the day. And I'd be right there in the event of an emergency."

"And after work, how would David spend his time?"

"He'd be with me. We'd have dinner and play. Then after he's in bed, I could work from home because some of my duties include working with the facility in India which is half a day ahead of us."

"Do you think you'll have to go back to India?"

"I don't think so. I spent the five years there training people so I could leave the place in their hands."

"If you were to get custody of David or even just visitation, how would you deal with Hannah Jacobs?"

"I don't know how to convince her I didn't hurt her. I would want David to see his mother. That's as important as his seeing me. I'd just have to be patient with her until she realises that I want to be a good father to my son."

"And your personal life. Are you willing to put that on hold while you care for a four year old?"

"Yes, until we're settled. But I think a family would ideally have both a father and a mother full-time. So I would want to find someone who would want to be part of my family."

"Thank you. I'm done."

"Mr. Richardson, you may step down. Mr. Gates, do you have other witnesses?"

"No, Your Honor. You have Mr. Richardson's financial records and employment history in front of you. He doesn't have any character witnesses here in this country since he's been working overseas."

"We really can't wait for them to get here. And people he hasn't seen in five years wouldn't work either. Very well. Ms. Fisher, please call your first witness."

"I call Detective Elliot Stabler."

Part 15

After being sworn in, Elliot took a seat. Even though he had done this dozens of times before, there was still a small knot in his stomach.

"For the record, please state your name and occupation."

"I am Elliot Stabler and I am a detective with the Manhattan Special Victims Unit of the NYPD."

"Could you please tell us what happened the evening of December 11, 2002?"

"My partner, Detective Benson, and I responded to a request for Special Victims detectives as a result of a 911 call from Hanford Student Health Services stating a rape victim was there. When we arrived, there was an ambulance waiting to take her to the hospital. Detective Benson rode with Ms. Jacobs in the ambulance while I stayed on scene to work with the CSU techs. There was a trail of footprints and blood in the snow back to Grover Hall where Ms. Jacobs resided. There was no indication that she had been attacked between her dorm and Student Health. In order to gain entrance to the dorm between 9 PM and 7 AM, you need to swipe your student ID card into the reader. We later learned that Ms. Jacobs had not entered the building between 9:00 and 11:00 when the 911 call was made."

"Was anything else discovered at the University?"

"No. We did not believe the attack took place there."

"What did you do next?"

"I went to Mercy Hospital. I talked to my partner and got the medical report on the victim."

"And that report said what?"

"It confirmed the presence of fluids, which later tested to be semen belonging to Mr. Richardson. There were multiple bruises to her face, torso and vaginal area. Her left shoulder had been dislocated."

"In your experience as an SVU detective, what conclusion would you draw from Ms. Jacobs' injuries?"

"The sexual intercourse was not consensual. The perpetrator needed to use force to subdue his victim. Even if there had been consensual rough sex, the extent of the injuries to Ms. Jacobs would have meant a trip to an emergency room. A consensual partner would have taken her."

"Once you and your partner believed a rape had occurred, what happened next?"

"The following day, we went to the address we were given for the party. We tried to track down who had been there. The host, James Anderson, was not forthcoming with many names. He claimed there were a large number of party crashers. He didn't remember Ms. Jacobs leaving the party, let alone who she left with."

"Were you able to gather any more leads on the identity of the rapist?"

"No, not at that time. The case has basically gone cold."

"No more questions, Your Honor."

"Mr. Gates, your witness."

"Have you arrested my client for this alleged rape?"

"No, the statute of limitations had expired."

"So Ms. Jacobs has not identified my client as her rapist."

"No. There was no point in holding a lineup."

"So the only thing linking my client to the alleged rape is his DNA, which he admits to leaving with Ms. Jacobs' consent. Do he leave anything else, like his blood from her defending herself?"

"There were pubic hairs found that matched the semen. But there was no blood."

"So she didn't fight back, certainly not hard enough to draw blood?"

"I wasn't present for Ms. Jacob's statements about the attack. So I can't answer that."

"Detective Stabler, "I believe you are expecting your fifth child any day now. Do you expect to be involved in the care of the child?"

"Objection." Ms. Fisher jumped to her feet. "The witness is not here as an expert on child rearing."

"Is there a particular point you are trying to make, Mr Gates?" Judge Tao asked.

"In fact there is. If the court will allow me just a few questions, my point will be clear. And I think four going on five children would qualify Detective Stabler as an expert witness on fatherhood."

"I'll grant you some latitude but you had better come to the point quickly. Answer the question, Detective."

"Yes. I've taken care of all my children."

"Fathers should take care of their children. But you don't think Mr. Richardson should be allowed to take care of his child. Why?"

"Mr. Richardson has shown a lack of concern for other people in his rape of Hannah Jacobs. He physically abused her. He sexually assaulted her. He shouldn't be given a chance to do that to the child."

"So you believe because he was violent with one person, he will be unsuitable as a parent?"

"Yes, I think so."

"Your police jacket is full of excessive force complaints. Your record speaks to the fact that you are a violent man. Then why, Detective Stabler, should you be permitted to continue to involved in your children's lives when you are saying that such behavior makes my client unsuitable as a parent?"

There was a flash of anger in Elliot's eyes, but he refused to take the bait. Losing his temper now would only reinforce Gates' argument.

"I have never intentionally hurt my children. I have had to deal with rapists, child molesters, and murderers. There have been times when my use of force has saved someone's life. I wish it wasn't so but it's the truth. But I have never chosen to use violence against someone without cause. And that's the difference between my actions and Mr. Richardson's behavior. He wanted to hurt someone and he did to get what he wanted."

"Mr. Gates, Detective Stabler has answered your questions." Judge Tao stared at the attorney. "Unless you have another line of questioning, I think we have heard enough."

Mr. Gates took the hint. "No more questions for this witness. Thank you."

"Ms Bryce, do you have any questions for Detective Stabler?"

"Just a few, Your Honor. Detective Stabler, are women who were raped likely to be able to cope with the continued presence of their rapist in their lives?"

"No. Where the police have been unable to remove offenders, I have seen women go to extreme lengths to remove their attackers from their lives. It doesn't happen all the time, but it does happen."

"Do you think Hannah Jacobs and Theodore Richardson will be able to come to terms with each other as the parents of David Jacobs?"

"I can't say for certain. But I would have my doubts."

"Detective Stabler, you have dealt with a lot of children over the years who come from homes where the parents are in conflict. In your opinion, would those children be better off with only one of those parents in their lives?"

"Yes. Seeing conflict between the parents is a normal part of life. But if a child doesn't see that conflict ever being resolved, they wouldn't understand that it's okay to disagree with someone. And you can't live that way."

"Thank you, Detective. No further questions."

Elliot had never been so glad to get off the witness stand.

"Ms. Fisher, it is about time for lunch. I take it you have more witnesses. So let's adjourn now and we'll meet back here in an hour. Court is in recess."

Part 16

As soon as the judge was gone, Elliot was out the door. He didn't trust himself around Olivier Gates. Olivia followed him into the hallway.

"Elliot, you know Gates was twisting your words. He's a lawyer. That's what they do."

"I know." Elliot took a deep breath. "Shakespeare was right when he said 'Kill all the lawyers'."

"Does that include Casey? And Alex?"

"There weren't any women lawyers in Shakespeare's day. So, only the men." Elliot smiled at the thought. "I'm gonna call Cragen and see if he needs me back now. With Lake and Finn out, he's pretty short staffed."

While Elliot talked to Cragen, Olivia went over to Hannah and her lawyer.

"Detective Stabler may have to go back to the squad. But I can stay if you are going to need me."

"Oh yes. I want to call you next."

Elliot walked over to the women. "I have to get back to working on a case. But Detective Benson is at your disposal for as long as you need her. Excuse us for a minute."

When they were far enough away, Elliot explained. "I'm on my way to Warner's office. She has some new information on the pills they found in Walker's apartment."

Olivia thought for a moment. "I'll stay here and grab some lunch. I want to go over the report again before I testify."

Twenty minutes later, Elliot walked into Warner's lab. "Hi. Cragen said you had something new on the Walker case."

"Yes. When I heard that the source of the pills might be an antiques dealer, it started me thinking. This stuff is not easy to get your hands on anymore. But it used to be available before the government started regulating food and drugs back in 1906. There were a lot of patent medicines back then and no labeling was required. And there were no guidelines on quality control either. So I had the lab test a few more of the pills. They are not consistent in their contents. There's a good chance the pills are antiques too."

"Is that possible? All the pills I've ever gotten have expiration dates on the bottles."

"If they were in a sealed container that kept out light, air and water, it's possible. They could have been in a box in somebody's attic for years."

"How would they know what the stuff was? I can't see somebody just deciding to try one for the hell of it."

"They may have had the original packaging. That could have given a hint. A subtle mention of how the pills would make a person more amenable in the bedroom. Like those commercials on television offering natural make enhancement. The other possibility is the person who found the pills touched them and got blisters on their skins. If a doctor treated them, they could have found out that way."

"Would the doctor have to report that? This stuff is dangerous."

"It would depend on the explaination the person gave. There are other ways to get the blisters. Contact with blister beetles could cause the reaction. There were several cases of horses dying from the beetles being in their hay. But the CVM could use that possibility to ask around and see if there are any reports of cantharide exposure."

"CVM. That's a new one on me."

"Center for Veterinary Medicine. They are a branch of the FDA that deals with products for animals. They could check their records for any reports of contaminated hay in Massachusetts."

"Do you have someone to contact?"

"I have to call the FDA about the pills. I can suggest they look into the possibility of someone claiming to injuried because of the beetles to them. It could start them in the right direction to look."

"And you show send a copy of you r report to the police in Massachusetts. That along with the trail of pills to dead men may get them enough for a search warrant of this antique dealer. I'm going to go have another run at Mrs. Walker. If she's facing Federal charges as well as murder charges, she might be more amiable to talk to us. Thanks."

As Elliot left the lab, he looked at his watch. Lunch would be over now and Family Court would be back in session. He wished he could be there to support Olivia while she testified.

Part 17

Olivia was already in the witness seat.

"Detective Benson, you rode with Hannah Jacobs in the ambulance to the hospital. Tell us what you remember about that."

"On the ride over, the most important thing is to stay out of the way of the medical personnel. But once they had determined there are no life threatening injuries, I tried to keep the victim calm and starting getting basic information. It was a fairly short ride so I hadn't gotten much past her name."

"And after you got to the hospital."

"They took her into a treatment to deal with her shoulder and check for additional injuries. I bagged her clothes for evidence. I was there when the nurse did the rape kit and I sent that evidence with the clothes to the lab to be tested. Then I went back to talk to Hannah. She told me"

"Objection. This is hearsay. The person Detective Benson heard from is here and we should hear her story from her and not second hand from the witness."

"Your Honor, while the testimony does include hearsay, it is not offered for the purpose of proof of the truth of the statements. It merely provides a framework for the witness' testimony."

Judge Tao sighed. "This is not a jury trial and I have already read the police report of the incident. I have an idea of what Ms. Jacobs will be testifying to. Detective, please limit your testimony as much as possible to your observations. Continue."

Olivia thought for a second to get back to her place. "After Hannah told me what happened, I had some specific questions for her. Where was the party, could she describe her attacker, did she remember anything about the car. The doctor came in and explained about the emergency contraceptives and the antiviral medications. Hannah refused the contraceptive. When my partner arrived, we took her to the station to work with a sketch artist. When they were done, I asked if there was somewhere we could take her. She asked to be taken to her grandmother's apartment, and a sector car dropped her there. My partner and I went to see her the next day to see if she remembered anything else. The we went to the apartment of James Anderson to see if he could identify the person in the sketch and provide any there information. We checked with all the names he did give us, but nobody could identify the person in the sketch."

"Detective, do you believe Hannah Jacobs was raped?"

"Objection, leading the witness."

"I'll rephrase. Detective, tell us your impressions of Hannah Jacobs after seeing her on December 11."

"I believe Hannah Jacobs was raped. The injuries are consistent with a rape as are her reactions to being touched. Her story hasn't changed and there is nothing she said that that doesn't support her original statement."

"Thank you, Detective Benson. No further questions."

"Mr Gates, your witness."

"Detective Benson, don't you tend to believe women when they say they are raped?"

"Yes, when their story is supported by the evidence."

"But you have been wrong about that numerous times, haven't you?"

"It can happen but I wouldn't call it often."

"Really. Were you wrong about April Troost being raped?"

"Yes, but "

"Yes or no only, Detective Benson. Were you wrong about Valerie Sennet being raped?

"Yes."

"Were you wrong about Lauren Westley being raped?"

"Yes."

"Were you wrong about Jamie Hoskins being raped?"

"Yes."

"Mr. Gates, I believe you have made your point." Judge Tao interjected. "Move on."

"I believe I'm finished with this witness."

"Ms. Bryce, do you have any questions for this witness?"

"Yes,Your Honor, I do. Detective Benson, you are yourself the product of a rape. Please tell us what effect that had on your life."

Olivia stared at Simone Bryce, shocked into silence. She had not anticipated the attorney would use this line of questioning. Simone had first hand knowledge of the relationship between Olivia and her mother. And she knew it was not something Olivia talked about.

"Objection" came out of the mouths of both Oliver Gates and Gretchen Fischer.

"Approach the bench, all of you." Judge Tao ordered. "Ms. Bryce, explain yourself."

"As a child of rape, Detective Benson has a unique view on the subject. While her experiences have been somewhat different from what David Jacobs' will be, I think she can help us see the issues he'll face and how we can do what is in his best interest."

Judge Tao considered this statement and then turned to Olivia. "Detective Benson, I know this is a very personal subject and one I'm sure you weren't prepared to expose in court. But I would appreciate your helping me understand what being a child of rape is like."

"Yes, Your Honor. I'll try."

"Taken your time. The rest of you, back to your seats."

Olivia took a deep breath and began. "I didn't realize I was different from the other kids until my mother took me to register for school. All her friends were single women and I didn't think much of the fact I didn't have a father. The other kids I saw at the playground were always there with their mothers. But when my mother had to fill out the registration form, she left the space for father blank. The woman in the office questioned her about it and they went off to have a whispered conversation. The woman stared at me when they got back. And I suddenly felt like there was something wrong with me, even though my mother insisted there wasn't.

"Nowadays there are lots of single mothers who are either never married or divorced. But back in the early 70s, it was still fairly rare. They were a subject for neighborhood gossip. But my mother never answered their questions. Her friends knew not to talk about it.

"But the kids at school heard their parents whispering and so I was asked who my father was all the time. I made up stories in my head about who he was and why he wasn't there. But I kept them to myself because I knew the other kids wouldn't believe any of them. So I didn't make many friends. It was just easier.

"When I got older, a teenager, I wanted to go out with a boy I liked. And my mother said no. I wanted to go so much I sneaked out of the apartment. My mother caught me coming back in. That's when she told me about the rape. About how I came to be born. But I didn't want to see anyone for days after that. I thought they could all tell that I was different, that I didn't come from two people who loved each other the way all the stories I read said. I was tainted.

"One of my mother's friends in the psychology department figured out that my mother had told me. We had a long talk about it and she explained that there was nothing wrong or different about me. I was still myself. What my father was didn't make any difference about who I was inside."

"Did they ever find out who your father was?"

"Earlier this year, I had a kinship analysis done on my DNA. It came back with a half brother. He was my father's son with his wife. He seemed to love my brother very much. He knew about me, kept track of me. According to his wife, he ever tried to call me once. But he died before I could meet him. So all I have are my brother's stories about him."

"Would you have wanted to meet him?"

"I wanted to ask him how he could have done that to my mother. And when I found out that he knew about me, I wanted to know why he didn't come find me."

"Would you have wanted to have him in your life when you were a child?"

"I wanted a father so much when I was growing up. But I'm not sure I could have handled it if I knew what he had done. I had enough trouble accepting it as a teenager. I can't imagine dealing with it as a child. And I know my mother couldn't have handled him being in my life."

"Thank you for telling me this, Detective. I think I understand a little better now. You are excused."

Olivia got out of the chair and walked to the visitors section. She had expected all the emotions she usually felt when talking about her mother and her father would be boiling over. But all she felt was numb.

Part 18

Judge Tao watched Olivia Benson go back to her seat. She had never heard testimony about being a child of rape. She made a mental note to contact the detective's commanding officer to make sure she talked to someone about her testimony today. She sounded quite shaken.

"Ms. Fisher, call your next witness."

"I call Hannah Jacobs."

Hannah walked up and was sworn in.

"Tell us your name please."

"I am Hannah Jacobs."

"And what do you do for a living?"

"I'm still a student at Hanford, but in graduate school. I'm going for my Masters in Psychology. I work for one of my professors as her assistant."

"And where do you and David live?"

"We live with my grandmother. She takes care of David when he's not in preschool and I'm in class or at work."

"Tell me about David."

"He is the sweetest little boy. He smiles most of the time except when he doesn't get his way. He is very stubborn when it comes to what he likes and dislikes. At the moment all he wants to eat is cheese and macaroni. But he is starting to understand that he has to at least add other things to it. His preschool says that he's very bright. He should do very well when he start school next year. I spend as much time with him as I can. He likes it when we sings together."

"Tell us about the night of December 11, 2002."

"I was invited to a holiday party by Jim Anderson, a friend from school. I went with a couple of other girls from my dorm. It was a nice party but there were a lot of people I didn't know. I had a couple of glasses of punch. It was spiked with something. But I was drunk, just happy. We were there for a couple of hours but I was tired and ready to go. I found Jim and asked if he could call me a cab because it was snowing and I didn't want to wait outside for the bus.

"A friend of his was standing nearby and offered me a ride home. I didn't know him but Jim did. I got my coat and we left. I got into the front seat of his car. It was cold so he turned the heat all the way up. I think that's what made me sleepy. I started to doze off. The next thing I knew, I woke up to find my shirt was being pulled off. His hands were squeezing my breasts hard. I tried to push hard away but he was stronger than I was. He kept saying "You're gonna give it up to me, bitch." over and over.

"I decided not to try and fight him. We had a discussion about what rapists what from their victims. Most of them are looking for the violence. So remaining passive can be your best defense. And it seemed to be working. His pants were down and he had lost his erection.

"But then he started hitting me. His penis got hard again. He pushed up my skirt and ripped off my panties. He pulled me down so I was flatter against the seat. That's when I felt a sharp pain in my left shoulder. It hadn't come away from the back of the seat. I cried out in pain. That must have been enough for him because he pulled my legs apart and shoved his penis into me. All I felt was pain everywhere. It seemed like forever. But then he must have finished and he pulled out of me.

"I was crying. He pulled his pants back up and zipped up. He told me to get dressed and he'd take me home. I couldn't stop crying because of the pain. I pulled my skirt down and tried to put my shirt back on but my arm wouldn't move. Eventually he pulled it back on for me. I left what was left of my panties in the car.

"He drove me back to my dorm. I got out of the car as soon as it stopped. I just wanted to get away from him. As soon as I was out, he pulled away. Instead of going in, I went over to Student Health."

"Thank you, Hannah. No further questions."

"Mr. Gates, do you have any questions for this witness?"

"Yes, I do. Miss Jacobs, you live with your grandmother because you can't afford an apartment on your own. Correct?"

"Yes. That's one reason."

"And the other is that she takes care of your son while you are in school or at work?"

"Yes, except when he's in preschool."

"And you and your son share a bedroom?"

"Yes. There are two twin beds."

"How much do you make in a year?"

"About $25,000 last year. Plus tuition credits and health care through Hanford."

"So you aren't really in a position to provide your son with anything more than the basic necessities?"

"David is happy, healthy and loved. What more does a four year old need?"

Gates was taken aback to her answer. "No further questions for this witness."

The judge was pleasantly surprised. She had expected Gates to grill Ms. Jacobs on her testimony about the rape.

"Ms. Bryce, do you have any questions for this witness?"

"I do. Ms Jacobs, has Mr. Richardson ever paid anything in child support?"

"No, I didn't know who he was until a few days ago."

"Since David is entitled by law to 17 of Mr Richardson's income, do you think an extra $4000 a month will help you take better care of David?"

"It would change things, but Davis couldn't get better care than he has now."

"What would you do with the money?"

"Look for a bigger apartment so David could have his own room. And put the rest away for him for when he does need something else."

"Is there a male role model in David's life?"

"There's my brother Aaron. And there's a man who is my friend who would like to be more than a friend. He knows about the rape and he's been very understanding about my not wanting more than friendship just yet. But he spends time with us on the weekends, goes with us to the park and the zoo. David seems to like him."

"Do you think he might will become more than a friend at some point?"

"I think so. I hope so."

"If Theodore Richardson is granted visitation with David, how will you handle that?"

"I'm not sure. I haven't told him anything about how he was conceived. And I don't know how to explain to him who this stranger is and why he has to go with him. I don't want to be around that man and I don't want my son to be around him either. But if the court says it's best for David to see him, we'll figure something out."

"That's all my questions."

"You may step down. Do you have any more witnesses, Ms. Fisher?"

"No, Your Honor."

"Then we will take a five minute recess. When we get back, I will hear closing statements and render my decision."

Part 19

Olivia called the squad room on her cell as soon as she got into the hall. Munch answered.

"Ah, Olivia. I wondered when we would be hearing from you. Or better yet, seeing you here at work."

She was in no mood for Munch's ill temper. "The judge will be hearing the closing statement in five minutes and then she'll make her ruling. I'll be back after that. Is Elliot back from Warner's office?"

"He and Casey are in with Mrs. Walker and her attorney right now. But lab has finished going through the trash from the dumpster. They want you and Elliot down there to go over their findings. And I've been going through missing children flyers. I sent a couple over TARU to have them aged up to see if they're the dead boy. So there's plenty of work to go around as soon as you're done."

Olivia snapped her phone shut and went to the ladies room. Five minutes later, they were reassembled in the courtroom.

"Mr. Gates, please make your statement now."

"Thank you, Your Honor. My client has only recently found out he had a son. He had no reason to believe that was so. But now that he knows, he wants to be a father to that son. As the biological father, he has that right unless he is found to be unfit. There is nothing in my client's record to show that. He is ready, willing and able to care for his child.

"Now the biological mother claims the child was the result of a rape. That is not how my client remembers the encounter. He was not charged with the crime nor was he convicted of the crime. But even if he had been, it would not terminate my client's parental rights. To deny him those rights now would be nothing more than punishing him for a crime without giving him a trial. And that is something this Court should not do, no matter how much sympathy there may be for the mother.  
Because punishing my client will also punish his son. A boy needs his father. To deny him his father is not in his best interest."

Gates sat down, and Ms Fisher got up.

"Your Honor, David Jacobs has lived his entire life with his mother and her grandmother. He is a happy, healthy child who doing well where he is. There is no reason to remove him from that home. He has bonded with his mother and great-grandmother and would be greatly distressed if removed from his home. It is in his best interest to remain in the custody of his mother.

"We also believe it is in David's best interest not to have contact with his father. Hannah Jacob's testimony about her rape at the hands of Theodore Richardson shows a propensity towards violence. And he has no experience with children. There is no telling what could set him off.

"Further, a four year old is not equipped to understand about rape. To suddenly have a father thrust into his life without explaination would be confusing. To explain how he was conceived at this time would be traumatic. And there would have to be an explaination. The sudden appearance of a man into his life would raise questions, which are better left until he is old enough to comprehend what happened.

"Mr. Gates spoke of punishing Mr. Richardson by denying him the right to see his child. Mr. Richardson will never be punished for his crime. He kept away just long enough to make sure that wouldn't happen. While this court can not punish him, it should not reward him either. Rape is not about sex but rather it is about power and rage. If a rapist is allowed parental rights over a child he fathers during the commission of this crime, he will be granted power over his victim as long as that child lives. And that's what he wants, power over his victims. Don't give it to him."

Ms. Fisher returned to her seat. After a moment of silence, Simone Bryce stood up.

"Mr. Gates has spoken of the father's rights and Ms. Fisher has spoken of the mothers rights. But I am here to spoke of the child's rights. Because a child is not a piece of property to be disposed of like a car or a house. The child is the only important person in this matter. His rights are the ones that count.

"David has the right to be brought up in a happy, healthy and safe environment. His mother has provided that to the best of her ability. His father has done nothing to help care for his child, although he claims not to have known there was a child. But he can do so now by financially supporting his son. That is not only the child's right but his father's responsibility.

"There is then the right of the child to know his father. At this point in time, I do not believe it is in David's best interest to exercise that right. He is happy with his life at the moment. Introducing a new person into it, especially one that his mother is unhappy about, will confuse him. And there is some question about Mr. Richardson's suitability as a parent.

"I would ask the court to continue the custody of David Jacobs with his mother, with an order of child support requiring his father to begin payments immediately. I would further suggest that the court continue to review this matter periodically to determine if and when it would be suitable for David to meet his father."

Ms. Bryce sat down. All eyes turned to the judge.

"Thank you all for your presentation of your clients' interests. The issue of child custody in New York is not a matter of statute. It is deemed by prior case law which does not cover the issue here. The most important interest to be protected is that of the child. While the rights of the parents must be considered, they are secondary.

"Judges have been given a set of factors to consider when determining custody. On that basis I have no trouble deciding to have custody of David Jacobs remaining with his mother. The age of the child and the fact that he has bonded with her support that determination. There is no doubt as to her fitness as a parent or the stability of the home she has provided since David's birth.

"The question of Mr. Richardson providing financial support is equally clear. David Jacobs is entitled to 17 of his father's income for his support. The financial information provided will be used to determine the exact amount and timing of payments.

"Now we come to the issue of visitation. Mr. Gates is correct in stating that a conviction for rape would not automatically terminate a father's parental rights. But it would equally correct to consider it in determining the stability of that parent. Even without a conviction, the claim of rape must be considered. It is by its very nature an act of violence, and in all likelihood, an act that will be repeated. The attitude that violence against others is permissible makes a parent an unsuitable influence in their child's life. Having heard the testimony of all the witnesses, I find as a matter of fact that Mr Richardson raped Hannah Jacobs on December 11, 2002. I therefore believe him to be unsuitable as a parent and deny him any visitation rights at this time.

"However, I am mindful of the rights of David Jacobs to know his father. Therefore this Court will retain jurisdiction over this matter. Mr. Richardson may reapply for visitation in one years time. At that time, the Court will look to see if he has fulfilled his obligation of support, if he remained out of trouble with the law, and if he has taken steps to learn how to care for a child. If such an application is filed, David Jacobs will be evaluated by a child psychologist to determine his ability to understand and accept the arrival of his father into his life. Until that time, the restraining order authorized by this Court remains in effect.

"This matter is adjourned. Mr. Watson, if you would call the next case please."

Part 20

They all come out of the courtroom as the next batch of litigants entered. Hannah stayed as far from Richardson as she could. The women clustered together in the hallway. Ms Fisher was jubilant with the judge's ruling.

"Now there is a precedent set. If this happens again, it will be easier to keep the rapist away form the child."

Simone Bryce shook her head. "She is going to review it in a year. He may still get visitation then."

"We'll take it as a victory now. Thank you Detective Benson for your help. And thank your partner as well. Your testimony made a big difference with the judge."

"No problem." Olivia turned to Hannah. "You take care. If you have any problem with him violating that restraining order, call me. I'd love to put the guy in jail."

Ms. Fisher took Hannah's arm and they started down the hall. Olivia felt a hand on her forearm. She knew it was Simone and turned to face her.

"Olivia, I wanted to apologize for asking you to testify about your past that way. I wanted to talk to you about it first, but I didn't want Olivier Gates to figure it out."

"I understand, Simone. Maybe it was such a bad thing after all. I'm going to call my brother and talk to him more about our father. I have to get back to work. I'll talk to you later."

When Olivia got to the squad room, she saw a bunch of happy faces. Elliot was pouring Casey a cup of coffee while Cragen was eyeing the plate of cookies someone had brought in to see what would go well with his coffee. Olivia immediately shared her good news.

"The judge ruled on David Jacobs' custody." Three pairs of eyes turned to her. "He stays with his mother and no contact with his father for at least a year. And he gets a nice support check coming his way."

"That's good news." Cragen paused in picking up a cookie. "We have good news too. Why don't you tell her, Elliot."

"Alright I will. Warner figured out those pills from the Walker case were antique and we contacted the FDA about them. They raided the Curiosity Shop in Lennox and found a whole stash of old patent medicines, including more of the Spanish fly. They took them over to them labs and are trying to figure out just what they are."

"They busted the antique dealer on so many counts they haven't even finished drawing up the indictment." Casey added. "Which caused her to spill the beans on all her customers. Including Mrs. Walker. It seems the ladies who got those pills were old customers who all had husbands with wandering eyes. She thought it was poetic justice to kill them with an aphrodisiac."

"So what happens with our murder case?"

"Mrs. Walker decided to plead guilty to murder two on the advice of her attorney. We should be able to get her sentenced before Christmas. A nice neatly wrapped present for my boss."

"Hey, are you guys having a Christmas party without us?" Finn wanted to know. He and Lake hung up their jackets and walked over for coffee.

"Are you two done with helping Burglary or are you just dropping by for a snack?" Elliot wanted to know.

"We nailed that sick creep for them." Lake answered while Finn poured. "We finally got a lead on where he was getting his stockings stuffed. Caught him with a fresh load and a stash of stolen jewelry from the places he hit."

"I hadn't heard about this." Casey was confused. "What was this guy doing that Burglary needed SVU's help?"

Lake looked a little sheepish. "The burglar took the money and jewelry he found in the apartments but he left every one of them a present. He tacked a used condom on their fireplace like a stocking on Christmas Eve. Each time there was a different sample, which was confusing. Until we figured out he worked at a whorehouse and was recycling the trash."

Casey couldn't believe her ears.

"That sort of thing could put you off Christmas." Finn added. "Speaking of which, where's Munch?"

"I had him go down to TARU to work with them on the possible aged up pictures of missing children."

Cragen finished his cookie. "I think being out of here is helping keep his attitude brighter."

Finn looked down into his coffee cup. "He didn't say anything, did he?"

"Say anything about what?" Cragen wanted to know.

"One of the victims from a case we had two years called him before we left to work with Burglary. She couldn't bring herself to back to work at the place where she was raped. So she lost her job and hasn't been able to find anything full time since. When she lost her job, she lost her medical insurance. She couldn't afford to buy it herself. She called to see if Munch knew of anybody who could help her out with her medical situtation. Seems the free clinic she went to told her she has advanced cervical cancer. There's nothing they can do for her. Munch has been trying to find a hospice for her but without any insurance and no money it's tough. Any place that would take her is pretty much full."

They were all quiet then, ashamed of the thoughts they had about how Grinchy Munch was this year.

"Let me make a few calls. I may be able to find her something." Cragen said.

The phone rang. Elliot reached over to answer. "Special Victims. Hi, Melinda. He's done. We'll be right over."

He hung up the phone just as another one started to ring. Lake grabbed that one.

"Captain, Warner's finished the autopsy on the John Doe from the dumpster. She wants Olivia and I over there now."

"Okay. If Munch gets anything, I'll have him call you there."

As Elliot and Olivia took off, Lake hung up the phone. "Captain, there's a report of an attack over at the Somerset Arms."

"You and Finn take it. Call me if you'll need CSU to go over the scene. Is a bus on the way?"

"Dispatch sent one already."

Lake and Finn grabbed their jackets which hadn't even warmed up yet and were out the door.  
Cragen looked a the empty desks around him. Win a few, lose a few more. Then he went into his office to make a few calls.

The End


End file.
